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CONFIDENTIAL 

For Official Use Only 

SECRET STATUTES OF THE 
UNITED STATES 



A MEMORANDUM 



BY 



DAVID HUNTER MILLER 

Special Assistant in the Department of State 





WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1918 



3 



CONFIDENTIAL 

For Official Use Only 

M.s, .33 4i ' 

SECRET STATUTES OF THE 
UNITED STATES 



11 1 



A MEMORANDUM 



BY 



DAVID HUNTER MILLER 

Special Assistant in the Department of State 




WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1918 



tfi8 



•; •* =>• 

UL 3 192& 



SECRET STATUTES OF THE UNITED STATES 

AND THE 

PROCEEDINGS IN THE SENATE IN SECRET SESSION 
AT THE THIRD SESSION OF THE ELEVENTH CON- 
GRESS. 



It is well known that when acting upon " Executive business," 
that is, upon treaties and on nominations to office, the Senate of 
the United States usually, meets with closed doors, although " open 
Executive sessions," as they are called, may be held. In this respect 
the provisions of the Standing Rules of the Senate are as follows : 

2. When acting upon confidential or Executive business, unless the same shall 
be considered in open Executive session, the Senate Chamber shall be cleared 
of all persons except the Secretary, the Chief Clerk, the Principal Legislative 
Clerk, the Executive Clerk, the Minute and Journal Clerk, the Sergeant-at- 
Arms, the Assistant Doorkeeper, and such other officers as the Presiding Officer 
shall think necessary ; and all such officers shall be sworn to secrecy. 

3. All confidential communications made by the President of the United States 
to the Senate shall be by the Senators and the officers of the Senate kept secret ; 
and all treaties which may be laid before the Senate, and all remarks, votes, 
and proceedings thereon shall also be kept secret, until the Senate shall, by 
their resolution, take off the injunction of secrecy, or unless the same shall be 
considered in open Executive session. 

(Extract from Standing Rule XXXVI, Senate Rules and Manual, United 
States, 1913, pp. 32-33.) 

Both Houses of Congress, however, may sit with closed doors for 
discussion of or for proceedings upon business of any character, 
although there has been no instance of this practice for many years, 
other than the meetings of the Senate, when acting upon " Executive 
business." 

On a motion made and seconded to close the doors of the Senate, on the 
discussion of any business which -may, in the opinion of a Senator, require 
secrecy, the Presiding Officer shall direct the galleries to be cleared ; and during 
the discussion of such motion the doors shall remain closed. (Standing Rule 
XXXV, Senate Rules and Manual, United States, 1913, p. 31.) 

A rule, not invoked for many years, provides for secret sessions of the House 
whenever the President may send a confidential message or the Speaker or any 
Member may announce that he has a confidential communication to present. 

Rule XXX provides : 

" AVhenever confidential communications are received from the President of 
the United States, or whenever the Speaker or any Member shall inform the 
House that he has communications which he believes ought to be kept secret 
for the present, the House shall be cleared of all persons except the Members 
and officers thereof, and so continue during the reading of such communications, 
the debates, and proceedings thereon, unless otherwise ordered by the House." 

The rule providing for secret sessions of the House dates from February 17, 
1792, and December 30, 1793, although secret sessions were held before there 
was any rule for them. In the revision of 1880 the old rule was retained in an 
abbreviated form, as the Committee on Rules thought some occasion might 
arise for its use. 

<3)> 



In the early days of Congress secret sessions of the House were frequent. 
The sessions of the old Continental Congress had been secret, and under the Con- 
stitution the sessions of the Senate were so until the second session of the 
Third Congress. By special order the galleries were thrown open during the 
contested election case of A. Gallatin, from Pennsylvania. The House, on the 
other hand, sat regularly with the galleries open, but when occasion required, 
as On the receipt of a confidential communication from the President, the 
galleries were cleared by order of the House. 

Up to and during the war of 1812 secret sessions were held quite frequently. 
Since that period the practice had gone into disuse, although there was one 
secret session in 1825, on December 27 (see House Journal, supplemental, first 
session Nineteenth Congress; also Debates, December 20, 1825, first session 
Nineteenth Congress, p. 828), when a confidential message was received from 
President John Quincy Adams, who transmitted a copy of the message of 
President Jefferson to both Houses of Congress on January 18, 1803. This 
message of 1803 recommended an exploring expedition across the continent 
to establish relations with the Indian tribes and ascertain the nature and 
extent of the region. The message was confidential, and as the injunction of 
secrecy was for some reason hot removed, it had not been published up to 
1825. So the secret session of the later year was held for the special and only 
purpose of removing the injunction of secrecy from the message of 1803. This 
message of President Jefferson may be found on page 352 of Volume I of 
Richardson's Messages and Papers of the Presidents. There was also a secret 
session on' May 27, 1830 (first session Twenty-first Congress, Journal, p. 755; 
Debates, p. 1139), to receive a confidential communication from President 
Jackson. 

(Hinds' Precedents of the House of Representatives, 1907, sec. 7247 and note, 
Vol. V, p. 1094.) 

In 1811, at the third session of the Eleventh Congress, two stat- 
utes and a joint resolution in regard to Florida were passed at secret 
sessions of the Senate and of the House of [Representatives, and these 
enactments were approved by President James Madison. 1 

On January 3, 1811, President Madison sent a " confidential " mes- 
sage to Congress transmitting certain papers therein mentioned and 
containing the following : 

Taking into view the tenor of these several communications, the posture of 
things with which they are connected, the intimate relation of the country 
adjoining the United States,, eastward of the river Perdido, to their security and 
tranquillity, and the peculiar interest they otherwise have in its destiny, I rec- 
ommend to the consideration of Congress, the seasonableness of a declaration 
that the United States could not see, without serious inquietude, any part of a 
neighboring territory, in which they have, in different respects, so deep and so 
just a concern, pass from the hands of Spain into those of any^ other foreign 
Power. 

I recommend to their consideration, also, the expediency of authorizing the 
Executive to take temporary possession of any part or parts of the said terri- 



iThe secret proceedings in both Houses are printed in the Appendix hereto, as the 
same are subsequently reported in the Annals of Congress, vol. 22; as to the Senate, 
pp. 369-380 ; as to the House of Representatives, pp. 486, 1117-1148. 



5 

tory, in pursuance of arrangements which may be desired by the Spanish authori- 
ties ; and for making provision for the government of the same, during such pos- 
session. 

The wisdom of Congress will, at the same time, determine how far it may be 
expedient to provide for the event of a subversion of the Spanish authorities 
within the territory in question, and an apprehended occupancy thereof by any 
other foreign Power. (Op. cit., pp. 369, 370, 1117, 1251, 1252.) 

Without quoting at length from the accounts of the subsequent 
proceedings in Congress, it may be said that not only were the debates 
and votes secret in both Houses of Congress, but also that the neces- 
sary messages exchanged between the two Houses and the notifications 
from President Madison of his approval of the resolution and stat- 
utes were received as confidential and behind closed doors, and that 
the House of Eepresentatives by a vote of 51 to 40 refused to remove 
"the injunction of secrecy." (Op, cit., p. 1146.) 

These two statutes and resolution are found in volume 3, United 
States Statutes at Large, pages 471, 472, and are preceded by the 
following note of the editor : 

" The following resolution and acts, passed in 1811 and 1813, were \%>t promul- 
gated until their publication in " the sessions acts " of the Fifteenth Congress, 
ending April 20, 1818. They are altogether omitted in Mr. Justice Story's edi- 
tion of the laws of the United States, and they are also omitted in Davis' and 
Force's edition of the laws, from 1816 to 1827, published under the authority of 
Congress, in 1822 and 1827. They were passed in the secret sessions of the 
Eleventh and the Twelfth Congress. 

The editor has not considered it proper to insert these laws in this edition, 
before their promulgation under the authority of the Secretary of State; under 
whose directions the laws of each session of Congress are published. 

Act of 1818, ch. 80, sec. 1." 

The texts of the statutes and resolution are as follows : 

Taking into view the peculiar situation of Spain, and of her American prov- 
inces ; and considering the influence which the destiny of the territory adjoining 
the southern border of the United -States may have upon their security, tran- 
quillity, and commerce : Therefore, 

Resolved by the Senate and House of Representatives of the United States 
of America, in Congress assembled, That the United States, under the peculiar 
circumstances of the existing crisis, cannot, without serious inquietude, see any 
part of the said territory pass into the hands of any foreign power ; and that a 
due regard to their own safety compels them to provide, under certain contin- 
gencies, for the temporary occupation of the said territory ; they, at the same 
time, declare that the said territory shall, in their hands, remain subject to 
future negotiation. 

Approved, January 15, 1811. 

An Act to enable the President of the United States, under certain contingencies, to take 
possession of the country lying east of the river Perdido, and south of the state of 
Georgia and the Mississippi territory, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the United States 
of America, in Congress assembled, That the President of the United States be, 
and he is hereby, authorized, to take possession of, and occupy, all or any part 
of the territory lying east of the river Perdido, and south of the state of Georgia 



6 

and the Mississippi territory, in case an arrangement has been, or shall be, 
made with the local authority of the said territory, for delivering up the pos- 
session of the same, or any part thereof, to the United States, or in the event 
of an attempt to occupy the said territory, or any part thereof, by any foreign 
government ; and he may, for the purpose of taking possession, and occupying 
the territory aforesaid, and in order to maintain therein the authority of the 
United States, employ any part of the army and navy of the United States 
which he may deem necessary. 

Sec. 2. And be it .further enacted, That one hundred thousand dollars be ap- 
propriated for defraying such expenses as the President may deem necessary 
for obtaining possession as aforesaid, and the security of the said territory, to 
be applied under the direction of the President, out of any moneys in the treas- 
ury not otherwise appropriated. 

Sec. 3. And be it further enacted, That in case possession of the territory 
aforesaid shall be obtained by the United States, as aforesaid, that until other 
provision be made by Congress, the President be, and he is hereby authorized 
to establish, within the territory aforesaid, a temporary government, and the 
military, civil, and judicial, powers thereof shall be vested in such person and 
persons, and be exercised in such manner as he may direct, for the protection 
and maintenance of the inhabitants of the said territory in the full enjoyment 
of their liberty, property, and religion. 

Approved, January 15, 1811. 

An Act concerning an act to enable the President of the United States, under certain 
' contingencies, to take possession of the country lying east of the river Perdido, and 

south of the state of Georgia and the Mississippi territory, and for other purposes, 

and the declaration accompanying the same. 

Be it enacted by the Senate and House of Representatives of the United States 
of America, in Congress assembled. That this act, and the act passed during the 
present session of Congress, entitled "An act to enable the President of the 
United States, under certain contingencies, to take possession of the country 
lying east of the river Perdido, and south of the state of Georgia and the Mis- 
sissippi territory, and for other purposes," and the declaration accompanying 
the same, be not printed or published, until the end of the next session of Con- 
gress, unless directed by the President of the United States, any law or usage 
to the contrary notwithstanding. 

Approved March 3, 1811. 

From the foregoing it appears that these enactments were not 
published or promulgated in due course; they are found in volume 
3 of the Statutes at Large immediately after the various acts of April 
W, 1818, one of which (Chapter 80) was entitled "An Act to provide 
for the publication of the laws of the United States, and for other 
purposes," and contained the following: 

Be it enacted by the Senate and House of Representatives of the United 
States of America, in Congress assembled, That, at and during the session of 
each Congress of the United States, the Secretary for the Department of State 
shall cause the acts and resolutions passed by Congress at such session, to be 
published, currently as they are enacted, and as soon as practicable, in not 
more than one newspaper in the District of Columbia, and in not more than 
three newspapers in each of the several states, and in not more than three 
newspapers in each of the territories of the United States. And he shall also 
cause to be published, in the like manner, in the said newspapers, or in such of 



them as he shall for that purpose designate, the public treaties entered into and 
ratified by the United States. 

Sec. 4. And be it further enacted, That the Secretary of State shall cause to 
be published, at the close of every session of Congress, and as soon as prac- 
ticable, eleven thousand copies of the acts of Congress at large, including all 
resolutions passed by Congress, amendments to the constitution adopted, and all 
public treaties made and ratified since the then last publication of the laws. 

(3 Statutes at Large, p. 439.) 

Previous acts regarding the promulgation and publication of 
statutes of the United States had been less explicit in their language 
as to the time of publication. 

Chap. XIV. An Act to provide for the safe-keeping of the Acts, Records and Seal of 
the United States, and for other purposes. 

Section 1. Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the Executive depart- 
ment, denominated the Department of Foreign Affairs, shall hereafter be de- 
nominated the Department of State, and the principal officer therein shall 
hereafter be called the Secretary of State. t 

Sec. 2. And be it further enacted, That whenever a bill, order, resolution, or 
vote of the Senate and House of Representatives, having been approved and 
signed by the President of the United States, or not having been returned by 
him with his objections, shall become a law, or take effect, it shall forthwith 
thereafter be received by the said Secretary from the President ; and whenever 
a bill, order, resolution, or vote, shall be returned by the President with his 
objections, and shall, on being reconsidered, be agreed to be passed, and be 
approved by two-thirds of both Houses of Congress, and thereby become a law 
or take effect, it shall, in such case, be received by the said Secretary from the 
President of the Senate, or the Speaker of the House of Representatives, in 
whichsoever House it shall last have been so approved ; and the said Secretary 
shall, as soon as conveniently may be, after he shall receive the same, cause 
every such law, order, resolution, and vote, to be published in at least three of 
the public newspapers printed within the United States, and shall also cause 
one printed copy to be delivered to' each Senator and Representative of the 
United States, and two printed copies duly authenticated to be sent to the 
Executive authority of each State ; and he shall carefully preserve the originals, 
and shall cause the same to be recorded in books to be provided for the purpose. 

(Act of Sept. 15, 1789, 1 Statutes at Large, p. 68.) 

Chap. L. — An Act for the more general promulgation of the laws of the United States. 

Section 1. Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That, for the more general 
promulgation of the laws of the United States, the Secretary for the department 
of State shall, after the end of the next session of Congress, cause to be printed 
and collated at the public expense, a complete edition of the laws of the United 
States, comprising the constitution of the United States, the public acts then in 
force, and the treaties, together with an index to the same. 

******* 

Sec 3. And be it further enacted, That the acts passed at each succeeding 
session of Congress, including future treaties, shall be printed and distributed, 
in like manner and proportion. 

(Act of March 3, 1795, 1 Statutes at Large, p. 443.) 



8 

Chapter I. — An Act to amend the act intituled "An act for the more general promulga- 
tion of the Laws of the United States." 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the Secretary for the department 
of State shall cause to be included in the edition of the laws of the United 
States, directed to be printed by the said act, the laws of the United States 
which may be passed during the present session of Congress: Provided, the 
same can be done at an expense which he shall judge reasonable. 

(Act of Dec. 21, 1796, 1 Statutes at Large, p. 496.) 

Chap. XXX. — An Act in addition to an act intituled "An act for the more general 
promulgation of the Laws of the United States." 

Section 1. Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the Secretary of State 
shall, as soon as conveniently may be, after he shall receive any order, resolu- 
tion or law passed by Congress, cause the same to be published at least in one 
of the public newspapers printed within each state ; and whenever in any state, 
the aforesaid publication shall be found not sufficiently extensive for the 
promulgation thereof, the Secretary of State shall cause such orders, resolutions 
and laws to be published in a greater number of newspapers printed within 
such state, not exceeding three in any state. 

(Act of Mar. 2, 1799, 1 Statutes at Large, p. 724.) 

Chap. VI. — An Act to authorize the puoUcation of the laws of the United States 
within the territories of the United States. 

Be it enacted by the Senate and House of Representatives of the United 
States of America, in Congress assembled,' That the Secretary for the Depart- 
ment of State be, and he is hereby authorized to cause the laws of the United 
States, passed, or to be passed, during the present or any future session of 
Congress, to be published in two of the public newspapers within each and 
every territory of the United States : — Provided, in his opinion, it shall become 
necessary and expedient. 

(Act of Nov. 21, 1814, 3 Statutes at Large, p. 145.) 

With the language of the foregoing statutes and of that of the 
act of April 20, 1818 (supra), may well be compared that of the 
act of January 12, 1895. 

The Secretary of State shall cause to be edited, printed, published, and dis- 
tributed pamphlet copies of the statutes of the present and each future session 
of Congress to the officers and persons hereinafter provided for; said distri- 
bution shall be made at the close of every session of Congress. 

******* 

The Secretary of State is authorized to have printed as many additional 
copies of the pamphlet laws as he may deem needful for distribution and sale 
by him, at cost price, not exceeding one thousand copies of the laws of any 
one session in any one year. 

The Public Printer shall deliver to the folding rooms of the Senate and 
House of Representatives seven thousand copies of the pamphlet laws, two 
thousand copies of which shall be for the Senate and five thousand copies for 
the House, and to the superintendent of documents five hundred copies, for 
distribution to State and Territorial libraries and to designated depositories. 

After the close of each Congress the Secretary of State shall have edited, 
printed, and bound a sufficient number of the volumes containing the Statutes 



at. Large enacted by that Congress to enable him to distribute copies, or as 

many thereof as may be needed. 

******* 

The pamphlet copies of the statutes and the bound copies of the Acts of 
each Congress shall be legal evidence of the laws and treaties therein con- 
tained in all the courts of the United States and of the several States therein. 
The said pamphlet and the Statutes at Large shall contain all laws, joint and 
concurrent resolutions passed by Congress, and also all conventions, treaties, 
proclamations, and agreements. 

(Extract from section 73 of the Act of Jan. 12, 1895, 28 Statutes at Large, 
pp. 614-615.) 

The injunction of secrecy as to the act of January 15, 1811, had, 
however, been removed by resolution of the House of Representatives 
of July 6, 1812 (mentioning the act as "passed January 12, 1811 "), 
illustrating the practical necessity of the continuing consent of both 
Houses of Congress if secrecy is to remain effective. 

Resolved, That the injunction of secrecy, so far as concerns "An act to en- 
able the President of the United States, under certain contingencies, to take 
possession of the country lying east of the Perdido, and south of the State of 
Georgia and the Mississippi Territory, and for other purposes," passecr on the 
twelfth of January, one thousand eight hundred and eleven, and "A bill au- 
thorizing the President to take possession of a tract of country lying south of 
the Mississippi Territory, and of the State of Georgia, and for other purposes ; " 
passed the twenty-fifth of June last, and the proceedings thereon, respectively, 
be removed: And, also, so far as relates to the following letters: two from the 
Secretary of State to General G. Matthews, one dated the twenty-sixth of 
January, one thousand eight hundred and eleven, and the other the fourth of 
April, one thousand eight hundred and twelve ; and two from Mr. Monroe to 
General D. B. Mitchell, one dated the tenth of April, the other the twenty- 
seventh of May, one thousand eight hundred and twelve. 
(Annals of Congress, Vol. 24, p. 1694.) 

The proceedings at the second session of the Twelfth Congress in 
the consideration and passage of the act of February 12, 1813, 1 were 
very similar to those at the third session of the Eleventh Congress, 
in 1811, heretofore discussed. (Annals of Congress, vol. 25, pp. 124- 
134, 1015, 1016, 1079.) 

That statute is also referred to in the editor's note on page 471 of 
volume 3 of the Statutes at Large, above quoted, and is found on 
page 472 of that volume, as follows : 

An Act authorizing the President of the United States to take possession of a tract of 
country lying south of the Mississippi territory and west of the river Perdido. 

Be it enacted by the Senate and House of Representatives of the United 
States of America, in Congress assembled, That the President be, and he is 
hereby, authorized to occupy and hold all that tract of country called West 
Florida, which lies west of the river Perdido, not now in possession of the 
United States. 

1 Printed in the Appendix hereto. 



10 

Sec. 2. And be it further enacted, That, for the purpose of occupying and 
holding the country aforesaid, and of affording protection to the inhabitants 
thereof, under the authority of the United States, the President may employ 
such parts of the military and naval force of the United States as he may deem 
necessary. 

Sec. 3. And be it further enacted, That for defraying the necessary expenses, 
twenty thousand dollars are hereby appropriated, to be paid out of any moneys 
in the treasury not otherwise appropriated, and to be applied for the purposes 
aforesaid, under the direction of the President. 

Approved, February 12, 1813. 

The Congresses sitting in 1811 and in 1813 met while James Madi- 
son was President; from April 2, 1811, until the close of Madison's 
second term, James Monroe was Secretary of State, succeeding Madi- 
son as President on March 4, 1817 ; the period in question was within 
twenty-five years after the date when the machinery of our Govern- 
ment under the Constitution was started, and at that time no prac- 
tical or legal difficulty was found in the way of the enactment of 
secret statutes of the United States, when secrecy was deemed essen- 
tial by the National Legislature and the Executive. 



APPENDIX 



PROCEEDINGS IN THE SENATE IN SECRET SESSION 

AT THE THIRD SESSION OF THE ELEVENTH CONGRESS 
[Annals of Congress, vol. 22, pp. 369-380.] 



Thursday, January 3, 1811. 

The following confidential Message was received from the Presi- 
dent of the United States, by Mr. Coles, his Secretary : 
To the Senate and House of Representatives of the United States: 

I communicate to Congress, in confidence, a letter, of the 2d of December, 
from Governor "Folch, of West Florida, to the Secretary of State ; and another, 
of the same date, from the same, to John McKee. V 

I communicate, in like manner, a letter from the British Charge d' Affaires 
to the Secretary of State, with the answer of the latter. Although the letter 
cannot have been written -in consequence of any instruction from the British 
Government, founded on the late order for taking possession of the portion of 
West Florida well known to be claimed by the United States ; although no com- 
munication has ever been made by that Government to this of any stipulation 
with Spain, contemplating an interposition which might so materially affect the 
United States; and although no call can have been made by Spain, in the 
present instance, for the fulfilment of any such subsisting engagement; yet 
the spirit and scope of the document, with the accredited source from which 
it proceeds, required that it should not be withheld from the consideration of 
Congress. 

Taking into view the tenor of these several communications, the posture of 
things with which they are connected, the intimate relation of the country 
adjoining the United States, eastward of the river Perdido, to their security 
and tranquillity, and the peculiar interest they otherwise have in its destiny, 
I recommend to the consideration of Congress, the seasonableness of a declara- 
tion that the United States could not see, without serious inquietude, any part 
of a neighboring territory, in which they have, in different respects, so deep 
and so just a concern, pass from the hands of Spain into those of any other 
foreign Power. 

I recommend to their consideration, also, the expediency of authorizing the 
Executive to take temporary possession of any part or parts of the said terri- 
tory, in pursuance of arrangements which may be desired by the Spanish 
authorities ; and for making provision for the government of the same, during 
such possession. 

The wisdom of Congress will, at the same time, determine how far it may be 
expedient to provide for the event of a subversion of the Spanish authorities 
within the territory in question, and apprehended occupancy thereof by any 
other foreign Power. 

James Madison. 

Washington, January 3, 1811. 

11 



12 

The Message was read. 

On motion by Mr. Clay, 

Resolved, That the Message from the President of the United 
States, of this day, which has been just read, be referred to a com- 
mittee, with leave to report by bill or otherwise. 

Mr. Clay, Mr. Ckawford, Mr. Bradley, Mr. Smith, of Maryland, 
and Mr. Anderson, were appointed the committee. 



Monday, January 7. 

Mr. Clay, from the committee, appointed the 3d instant, on the 
confidential Message of the President of the United States, reported 
a declaration and bill to enable the President of the United States to 
take possession of the country lying east of the Perdido, and south of 
the State of Georgia and the Mississippi Territory, and for other 
purposes ; which were read, and passed to a second reading. 

On motion, by Mr. Anderson, that the bill be now read the second 
time; it was objected to, as against the rule. 

On motion, by Mr. Crawford, that the Secretary furnish each Sen- 
ator, requiring it, with a manuscript copy of the said bill, it was 
determined in the negative — yeas 14, nays 16. 

* * * * * * * 

Mr. Bayard submitted the following resolution for consideration : 

Resolved, That the Secretary of the Senate be instructed to cause to be printed 
one copy for each member of the Senate, of the bill and declaration this day 
reported to the Senate by their select committee ; and to adopt such measures 
as will insure the same being printed without danger of the secret proceedings 
of the Senate, on the subject, being disclosed. 

On the question to agree thereto, it was determined in the nega- 
tive — yeas 7, nays 23. 



Tuesday, January 8. 

The bill to enable the President of the United States to take posses- 
sion of the country lying east of the Perdido, and south of the State 
of Georgia and the Mississippi Territory, and for other purposes, 
was read the second time ; and, on motion by Mr. Clay, it was consid- 
ered as in Committee of the Whole. 

On motion, by Mr. Bayard, to amend the bill, by striking out of the 
first section thereof the words, "In the event of such arrangement 
for that purpose as shall have been made with the local authority 



13 

which may then exist; " and, in lieu thereof, to insert the words, " In 
case an arrangement has been or shall be made with the local authority 
of the said territory for delivering up the possession of the same to 
the United States : " 

Dn motion, by Mr. Gilman, a division of the question was called 
for ; and the question being put on striking out, it was determined in 
the affirmative. 

The question was then taken upon inserting the proposed amend- 
ment, and determined in the affirmative — yeas 20, nays 12. 

******* 

On motion, by Mr. Bayard, further to amend the bill, by striking 
out of the first section thereof the words, " Or in the event of an 
attempt to occupy the said territory by any foreign Government," 
it was determined in the negative — yeas 11, nays 20. 

* * * * * * * 

On motion, by Mr. Bayard, it was agreed to amend the fourth sec- 
tion of the bill, by inserting, after the word " enacted," the^vords, 
" That in case possession of the territory aforesaid shall be obtained 
by the United States, as aforesaid." 



Wednesday, January 9. 

The Senate resumed, as in Committee of the Whole, the bill to 
enable the President of the United States to take possession of the 
territory lying east of the Perdido, and south of the State of Georgia 
and the Mississippi Territory, and for other purposes. 

Mr. Lloyd presented the oaths, or affidavits, subscribed and sworn 
to by Samuel Turner, jun., John G. McDonald, and Lewis H. Machen, 
for the faithful discharge of their respective duties as clerks in the 
office of the Secretary of the Senate of the United States ; which were 
read, as follows : 

I, Samuel Turner, jun., do solemnly swear, that I will, with fidelity, and to 
the best of my ability, perform the duties that may be assigned to me as a 
clerk in the office of the Secretary of the Senate of the United States ; and 
that I will, faithfully and inviolably, keep secret all the confidential business 
of the Senate until I may be specially absolved therefrom. 

Samuel Turner, Jr. 
District of Columbia, 

County of Washington. 
On the 9th day of January, 1811, Samuel Turner came before the subscriber, 
one of the United States' justices of the peace for the county, and made oath 
to the truth of the above statement. 

John Ott. 



14 

I, John G. McDonald, do solemnly swear, that I will, with fidelity, and .tw the 
best of my ability, perform the duties that may be assigned to me as a clerk in 
the office of the Secretary of the Senate of the United States; and that I will, 
faithfully and inviolably, keep secret all the confidential business of the -Senate, 
until I may be specially absolved therefrom. 

John G. McDonald. 
Sworn to and subscribed before me, this 9th day of January, 1811. 

Samuel N. Smallwood. 

I, Lewis H. Machen, do solemnly swear, that I will, with^delity, and to the 
best of my ability, perform the duties that may be assigned to me as a clerk 
in the office of the Secretary of the Senate; and that I will, faithfully and in- 
violably, keep secret all the confidential business of the Senate, until I may 
be specially absolved therefrom. 

Lewis H. Machen. 

Sworn to and subscribed before me, this 9th day of January, 1811.' 

Saml. N. Smallwood, J. P. 

Whereupon, on motion by Mr. Lloyd, 

Resolved, That the Secretary of the Senate be authorized to em- 
ploy the clerks in his office, who have subscribed and taken the oath, 
the form of which has been read to the Senate, in transcribing or 
otherwise arranging the business confidentially communicated to the 
Senate. 

On motion, by Mr. Clay, it was agreed to amend the first section 
of the bill, by inserting the words, " or any part thereof," between 
the words " same " and " to." 

On motion, by Mr. Clay, it was agreed to amend the bill, by strik- 
ing out all the words, in the second section, preceding the words, 
" and he may for, &c. ; " also, by striking out of the same section the 
words, " of the said detachment, and." 

On motion, by Mr. Clay, it was agreed further to amenct'the bill, 
by striking out of the third section the words, " for paying and sub- 
sisting such part of the detachment as may be required for actual 
service, and ; " also the word " other," between the words " such " 
and "expenses; " also, by inserting after the words "necessary for." 
the words, " obtaining possession as aforesaid, and : " and. also, by 
striking out the words, " and the Territories of the United States." 

On motion, by Mr. Clay, it was agreed further to- amend the bill, 
by adding to the first section the remainder of the original second 
section; and by adopting the original third and fourth sections, as 
the second and third sections of the bill; and having gone through 
the amendments, the President reported the bill to the House ac- 
cordingly. 

On motion, by Mr. Franklin, further to amend the bill, by strik- 
ing out of the first section the words, " or in the event of the attempt 
to occupy the said territory, or any part thereof, by any foreign 
Government," it was determined in the negative — yeas 10, nays 19. 



15 

Qn the question, " Shall this bill be engrossed and read a thinl 
time, as amended ? " it was determined in the affirmative. 

On motion, by Mr. Champlin, that the injunction of secrecy re- 
specting the bill be taken off, and that the further discussion thereof 
be with open doors, it was determined in the negative — yeas 6, 
nays 24. 

******* 

Mr. Anderson submitted the following motion : 

Resolved, That the subject-matter of the bill, entitled "An act to enable the 
President of the United States to take possession of the country lying east of 
the Perdido, and south of the State of Georgia and the Mississippi Territory, 
and for other purposes," be kept inviolably secret by the members of the 
Senate, until the Senate shall, by their resolution, take off the injunction of 
secrecy. 

Which was read; and on the question to agree thereto, it was de- 
termined in the affirmative — yeas 20, nays 6. 

Mr. Cutts, from the committee, reported the bill last meiffcioned, 
correctly engrossed. 

A confidential message was received from the House of Represen- 
tatives, by Mr. Montgomery and Mr. Cutts, two members of that 
body, with the following resolution, in which .they ask the concur- 
rence of the Senate: 

Congress of the United States, 
In House of Representatives, Jan. 8, 1811. 

Taking into view the present state of the world, the peculiar situation of 
Spain and of the American provinces, and the intimate relation of the terri- 
tory eastward of the river Perdido, adjoining the United States, to their se- 
curity and tranquility : Therefore, 

Resolved, by the Senate and Bouse of Representatives of the United States 
of America in Congress assembled, That the United States cannot see, with 
indifference, any part of the Spanish provinces, adjoining the said States, east- 
ward of the river Perdido, pass from the hands of Spain into those of any 
other foreign Power. 

The resolution was read, and passed to a second reading. 



Thursday, January 10. 



The bill to enable the President of the United States to take pos- 
session of the country lying east of the Perdido, and south of the 
State of Georgia and the Mississippi Territory, and for other pur- 
poses, was read the third time ; and, on motion by Mr. Clay, to fill the 
blank with the words " one hundred thousand dollars ; " 

On the question to agree thereto, the Senate being equally divided, 
the President determined the question in the affirmative. 



16 

On the question, " Shall this bill pass, as amended ? " it was de- 
termined in the affirmative — yeas 23, nays 7. 

* , . * * * * * * 

On motion, by Mr. Clay, it was agreed to amend the title of the 
bill, by inserting the word " river," before the word " Perdido;" and 
after the word " States," by inserting the words " under certain con- 
tingencies." 

So it was Resolved, That this bill do pass, and that the title thereof 
be "An act to enable the President of the United States, under cer- 
tain contingencies, to take possession of the country lying east of 
the river Perdido, and south of the State of Georgia and the Mis- 
sissippi Territory, and for other purposes." 

On motion, by Mr. Clay, 

Resolved, That a committee of two be appointed to carry the said 
bill to the House of Representatives, and ask their concurrence 
therein. 

Ordered, That Mr. Clay and Mr. Bayard be the committee. 

Mr. Clay reported that the committee had performed the service 
assigned them. 

The following confidential Message was received from the Presi- 
dent or the United States by Mr. Coles, his Secretary : 

To the Senate and House of Representatives of the United States: 

I communicate to Congress, in confidence, the translation of a letter from 
Louis de Onis to the Captain General of Caraccas. 

The tendency of misrepresentations and suggestions, which, it may be inferred 
from this specimen, enter into more important correspondences of the writer, 
to promote, in foreign councils, at a critical period, views adverse to the peace 
and to the best interests of our country, renders the contents of the letter of 
sufficient moment to be made known to the Legislature. 

James Madison. 
January 10. 1811. 

The Message and letter therein referred to, were read, and referred 
to a select committee, to consider and report thereon. 

Ordered, That Mr. Bayard, Mr. Crawford, and Mr. Clay, be the 
committee. 

The resolution yesterday received, confidentially, by message, from 
the House of Representatives, was read the second time; and, on 
motion by Mr. Crawford, it was referred to a select committee, to 
consider and report thereon; and Mr. Anderson, Mr. Crawford, 
Mr. Clay, Mr. Bradley, and Mr. Smith, of Maryland, were ap- 
pointed the committee. 

Mr. Champlin submitted the following motion for consideration : 

Resolved, That the President of the United States be requested to cause to 
be laid before the Senate such communications as may have been made to him 
by Louis de Onis, in relation to his having been appointed a special Minister to 
the United States by the Supreme Central Junta of Spain. 



17 
Friday, January 11. 

The resolution submitted yesterday by Mr. Champlin, was re- 
sumed ; and, on his motion, it was agreed to amend the resolution, as 
follows : 

Resolved, That the President of the United States be requested to cause to 
be laid before the Senate such communications as may have been made to him 
by Louis tie Onis, in relation to his having been appointed a special Minister 
to the United States by the Supreme Central Junta of Spain ; and, also, in re- 
gard to the particular object of his appointment. 

On the question to agree thereto, it was determined in the nega- 
tive — yeas 9, nays 18. 

Mr. Anderson, from the committee appointed on the subject, re- 
ported the confidential resolution from the House of Representatives, 
with the following amendment: 

Strike out all the words after the word " the," first mentioned in the first 
line of the resolution, to the end thereof, and in lieu thereof, insert " peculiar 
situation of Spain and of her American provinces ; and considering the iimuence 
which the destiny of the territory adjoining the southern border of the United 
States may have upon their security, tranquillity, and commerce : Therefore, 

Resolved, by the Senate and House of Representatives of the United States of 
America in Congress assembled, That the United States, under the peculiar 
circumstances of the existing crisis, cannot, without serious inquietude, see 
any part of the said territory pass into the hands of any foreign Power ; and 
that a due regard to their own safety compels them to provide, under certain 
contingencies, for the temporary occupation of the said territory ; they at the 
same time, declare that the said territory shall, in their hands, remain subject 
to a future negotiation." 

Which report was read, and considered as in Committee of the 
Whole; and, on motion to adopt the report, a division of the ques- 
tion was called for by Mr. Dana, and the question to strike out was 
agreed to, and the amendment was adopted; and the President re- 
ported the resolution to the House accordingly. 

Ordered, That the resolution pass to the third reading, as amended. 



Saturday, January 12. 

Mr. Cutts, from the committee, reported the amendment to the 
confidential resolution from the House of Representatives, correctly 
engrossed ; and the resolution was read the third time, as amended. 

On the question, " Shall this resolution pass, as amended ? " it 
was determined in the affirmative — yeas 23, nays 6. 

85080—18 2 



18 

On motion, by Mr. Worthington, 

Resolved, That a committee of two be appointed to carry the said 
resolution and amendment to the House of Representatives, and 
ask their concurrence therein. 

Ordered, That Mr. Clay and Mr. Pickering be the committee. 



Monday, January 14. 

Mr. Clay, from the committee, reported that they had performed 
the duties assigned them on Saturday last. 

The following confidential message was received from the House 
of Representatives, by Mr. Montgomery and Mr. Miller, two mem- 
bers of that body: 

Mr. President : The House of Representatives agree to the amendment of the 
Senate, to the resolution making a declaration with respect to our Southern 
frontier. 

They concur in the bill, entitled "An act to enable the President of the United 
States, under certain contingencies, to take possession of the country lying 
east of the river Perdido, and south of the State of Georgia and the Mississippi 
Territory, and for other purposes." 

Mr. Cutts, from the committee, reported that they this day ex- 
amined, and found duly enrolled, the bill and resolution last men- 
tioned. 



Tuesday, January 15. 

The following confidential message was received from the House 
of Representatives, by Mr. Montgomery and Mr. Miller, two mem- 
bers of that body: 

Mr. President: The Speaker of the House of Representatives 
having signed an enrolled bill, and an enrolled resolution, we are 
directed to bring them to the Senate for the signature of their Presi- 
dent. 

The President signed the enrolled bill and resolution last reported 
to have been examined ; and they were delivered to the committee, to 
be laid before the President of the United States. 



Friday, January 18. 

Mr. Cutts, from the committee, reported that they did, on the 
15th instant, lay before the President of the United States the en- 
rolled bill, entitled "An act to enable the President of the United 
States, under certain contingencies, to take possession of the country 



19 

lying east of the river Perdido, and south of the State of Georgia 
and the Mississippi Territory, and for other purposes"; also, the 
resolution making a declaration with respect to our Southern fron- 
tier. 

The following confidential message was received from the House 
of Representatives, by Mr. Montgomery and Mr. Gray, two members 
of that body: 

Mr. President: The President of the United States hath notified 
the House of Representatives that he did, on the 15th instant, ap- 
prove and sign the enrolled resolution, making a declaration with 
respect to our Southern frontier. 

The following confidential Message was received from the Presi- 
dent of the United States : 

Mr. President : The President of the United States did, on the 15th instant, 
approve and sign "An act to enable the President of the United StaU-s, under 
certain contingencies, to take possession of the country lying east of the river 
Perdido, and south of the State of Georgia and the Mississippi Territory, and 
for other purposes." 

Ordered, That the Secretary communicate the same to the House of 
Representatives, confidentially. 



Sunday, March 3. 

Mr. Clay submitted the following motion for consideration: 

Resolved, by the Senate and House of Representatives of the United States 
of America in Congress assembled, That the act, passed during the present 
session of Congress, entitled "An act to enable the President of the United 
States, under certain contingencies, to take possession of the country lying 
east of the river Perdido, and south of the State of Georgia and the Mississippi 
Territory, and for other purposes ; " and the declaration accompanying the 
same, be not printed or published, unless directed by the President of the 
United States, any law or usage to the contrary notwithstanding. 

On motion, by Mr. Clay, the resolution was twice read, by unani- 
mous consent. 

On the question, " Shall this resolution be engrossed and read a 
third time? " it was determined in the affirmative. 

Mr. Cutts, from the committee, reported the resolution last men- 
tioned, correctly engrossed; and the resolution was read the third 
time, by unanimous consent ; and 

Resolved, That this resolution do pass. 

On motion, by Mr. Turner, 

Resolved, That a committee of two be appointed to carry the said 
resolution to the House of Representatives, and ask their concurrence 
therein. 

Ordered, That Mr. Turner and Mr. Smith, of Maryland, be the 
committee. 



20 

Mr. Turner, from the committee, reported that they had per- 
formed the duty assigned them. 

A confidential message was received from the House of Repre- 
sentatives, by Mr. Montgomery and Mr. Moore, two members of that 
body, as follows : 

Mr. President: The House of Representatives have passed the 
confidential resolution sent from the Senate, with amendments, in 
which they ask the concurrence of the Senate. 

The Senate proceeded to consider the amendments of the House 
of Representatives to the said resolution. And 

Resolved, That they do concur therein. 

On motion, by Mr. Gaillard, 

Resolved, That a committee of two be appointed to inform the 
House of Representatives that the Senate have concurred in the said 
amendments. 

Ordered, That Mr. Worthington and Mr. Bayard be the com- 
mittee. 

Mr. Bayard, from the committee, reported that they had per- 
formed the duty assigned them. 

Mr. Cutts, from the committee, reported that they had examined, 
and found duly enrolled, the bill, entitled "An act concerning the act 
to enable the President of the United States, under certain contin- 
gencies, to take possession of the country lying east of the river 
Perdido, and south of the State of Georgia and the Mississippi Ter- 
ritory, and for other purposes, and the declaration accompanying 
the same." 

A confidential message was received from the House of Repre- 
sentatives, by Mr. Montgomery and Mr. Moore, two members of 
that body : 

Mr. President : The Speaker of the House of Representatives hav- 
ing signed an enrolled bill, we are directed to bring it to the Senate 
for the signature of their President. 

The President signed the enrolled bill, last reported to have been 
examined, and it was delivered to the committee, to be laid before 
the President of the United States. 

Mr. Cutts, from the committee, reported that they this day laid 
before the President of the United States the enrolled confidential 
bill last mentioned. 

A confidential Message was received from the, President of the 
United States, as follows : 

Mr. President: The President of the United States this day approved and 
signed the confidential bill, entitled "An act concerning an act to enable the 
President of the United States, under certain contingencies, to take possession 
of the country lying east of the river Perdido, and south of the State of 



21 

Georgia and the Mississippi Territory, and for other purposes, and the declara- 
tion accompanying the same," 

Ordered, That Mr. Cutts and Mr. Campbell be a committee to 
notify the House of Representatives thereof. 



SUPPLEMENTAL JOURNAL 

OF SUCH PROCEEDINGS OK THE THIRD SESSION OF THE ELEVENTH CONGRESS, AS, DUR- 
ING THE TIME THEY WERE DEPENDING, WERE ORDERED TO BE KEPT SECRET, AND 
RESPECTING WHICH THE INJUNCTION OF SECRECY WAS AFTERWARDS REMOVED BY 
ORDER OF THE HOUSE. 

[Annals of Congress, vol. 22, pp. 1117-1148.] 



Thursday, January 3, 1811. 

A confidential Message was received from the President of the 
United States; when the House was cleared of all persons except the 
members and the Clerk, and the said Message was read, and referred 
to a select committee, composed of Mr. Montgomery, Mr. Cutts, Mr. 
W. Alston, Mr. P. B. Porter, Mr. Gray, Mr. Haven, Mr. Hunt- 
ington, Mr. Miller, and Mr. Barry, to consider and report thereon. 



Saturday, January 5. 

The House being cleared of all persons except the members and 
Clerk, on a motion made, and leave given by the House, Mr. Mont- 
gomery, from the committee appointed, on the third instant, on the 
confidential Message of the President of the United States, presented 
a bill authorizing the President of the United States to occupy the 
territory therein mentioned, and for other purposes ; which was read 
the first and second time. 

A motion was then made by Mr. Burw t ell, that it be the order for 
Monday next; and the question being taken thereon, it was resolved 
in the affirmative — yeas 80, nays 27. 

* * * * * * * 

Mr. Montgomery, from the same committee, also reported a joint 
resolution, Avhich is in the following words, to wit : 

Taking into view the present state of the world, the peculiar situation of 
Spain, and of her American Provinces ; the acknowledged claim of the United 
States on that country, for indemnifications of great magnitude, and the inti- 
mate relation of the territory eastward of the river Perdido, adjoining the 
said States, to their security, and tranquillity ; Therefore. 



22 

Resolved, by the Senate and House of Representatives of the United States of 
America in Congress assembled, That the United States can not see, with in- 
difference, any part; of the Spanish Provinces adjoining the said States east- 
ward of the river Perdido, pass from the hands of Spain into those, of any 
other foreign Power. 

Which was received and read the first time; and, on motion, the 
said resolution w r as read the second time. 

A motion was made by Mr. Stanley, that it be referred to the 
Committee of the whole House to whom was referred, this day, the 
bill authorizing the President of the United States to occupy the 
territory therein mentioned, and for other purposes; and the ques- 
tion being taken thereon, it w f as determined in the negative. 

A motion was then made by Mr. W. Alston, that it be referred to 
a Committee of the Whole, to-day; and the question being taken 
thereon, it was resolved in the affirmative. 

The House resolved itself into a Committee of the whole House 
on the said resolution ; and, after some time spent therein, the Com- 
mittee rose reported progress and had leave to sit again. 



Monday, January 7. 

The House being cleared of all persons except the members and 
the Clerk, the House resolved itself into a Committee of the Whole 
on the joint resolution reported by the select committee appointed 
on the confidential Message of the President of the United States of 
the third instant ; and, after some time spent therein, the Committee 
rose and reported an amendment thereto ; which was read : and on 
the question that the House do now concur in the report of the Com- 
mittee of the whole House, a motion was made by Mr. Quincy, that 
the said report and resolution do lie on the table ; and the question 
being taken thereon, it was determined in the negative. 

A motion was then made by Mr. Stanford, to amend the resolu- 
tion by striking out the preamble thereto, which is, as amended by 
the Committee of the whole House, in the following words, to wit: 
" Taking into view the present state of the world, the peculiar situa- 
tion of Spain and of her American Provinces, and the intimate re- 
lation of the territory eastward of the river Perdido, adjoining the 
said States, to their security and tranquillity." 

And debate arising thereon, an adjournment was called for, and 
carried. 



Tuesday, January 8. 

The House resumed the consideration of the unfinished business of 
yesterday, wdiich w^as depending and undetermined at the time of 



23 

adjournment. The question being again stated from the Chair on 
striking out the preamble to the resolution reported by the Committee 
of the whole House, a division of the same was called for; and the 
question being taken on striking out, it was determined in the nega- 
tive^ — yeas 41, nays 65. 

The question then recurred on concurring in the amendment re- 
ported by the Committee of the whole House, proposing to strike 
out of the preamble the f ollowing : " the acknowledged claim of the 
United States on that country for indemnifications of great magni- 
tude." And the question being taken thereon, it was resolved in the 
affirmative — yeas 89, nays 21. 

Pending the question, " Shall the resolution be engrossed for a 
third reading? " a motion was made by Mr. Quinct, to amend the 
resolution, by striking out the words "with indifference," for the 
purpose of inserting the words " without serious inquietude ; " and 
the question being taken thereon, it was determined in the negative. 

A motion was made by Mr. Bacon, to amend the preamble to the 
said resolution, by striking out the word " said," for the purpose of 
inserting the word " United ; " and the question being taken thereon, 
it was resolved in the affirmative. 

A motion was made by Mr. Wright, to amend the resolution, by 
adding the following to the end thereof : 

Resolved, That the President be requested to make such arrangements for the 
temporary possession of any part of Florida east of the Perdido, with the 
Spanish authorities, that he may think necessary for that purpose. 

And the question being taken thereon, it was determined in the 
negative. 

A motion was then made by Mr. Stanford, to amend the resolution, 
by adding the following words to the end thereof: "And that the 
President of the United States, in pursuance of arrangements which 
may be desired by the Spanish authorities, be authorized to take 
temporary possession of any part or parts of the said Territory." 

A question of order being made, whether the motion of the gentle- 
man from North Carolina, Mr. Stanford, was in order, as it appar- 
ently contained the principles embraced by the amendment proposed 
by the gentleman from Maryland, Mr. Wright, the Speaker decided 
that it was not in order. 

A motion was then made by Mr. Macon, that the said resolution do 
lie on the table; and the question being taken thereon, it was deter- 
mined in the negative. 

The question then recurred on the engrossing the resolution for a 



24 

third reading; and the same being taken, it was resolved in the 
affirmative — yeas 74, nays 47. 

******* 

A motion was then made by Mr. Pitkin, that the further consid- 
eration of the resolution be postponed until to-morrow; and the 
question being taken thereon, it was determined in the negative — 
yeas 46, nays 68. 

* * ***** 

The question was then taken that the said resolution do pass, as 
amended; and resolved in the affirmative — yeas 70, nays 42. 
******* 

A motion was made by Mr. Montgomery, that a committee be 
appointed to carry the said resolution to the Senate; and the ques- 
tion being taken thereon, it was resolved in the affirmative. 

Mr. Montgomery and Mr. Cutts were appointed a committee, in 
pursuance of the said resolution. 



Thursday, January 10. 

The House being cleared of all persons except the members and 
the Clerk, a confidential message was received from the Senate, by 
their committee, as follows: 

Mr. Speaker: The Senate have passed a bill entitled "An act to 
enable the President of the United States, under certain contingen- 
cies, to take possession of the country lying east of the river Perdido, 
and south of the State of Georgia and the Mississippi Territory, and 
for other purposes; " in which bill they desire the concurrence of 
this House. 

The House then proceeded to the consideration of the bill from 
the Senate; which was read twice, and committed to a Committee 
of the Whole this day. 

The House then resolved itself into a Committee of the Whole on 
the said bill; and, after some time spent therein, Mr. Speaker re- 
sumed the Chair, and Mr. Bassett reported that the Committee of 
the Whole have had under consideration a bill from the Senate to 
enable the President of the United States, under certain contingen- 
cies, to take possession of the country lying east of the river Perdido, 
and south of the State of Georgia and the Mississippi Territory, and 
for other purposes, and have agreed to the same, without amendment. 

The House proceeded to the consideration of the report of the 
Committee of the Whole; and debate arising, an adjournment was 
called for, and carried. 



25 
Friday, January 11. 

The House resumed the consideration of the report of the Com- 
mittee of the Whole, made yesterday; and on the question that the 
House do now concur in the report of the Committee of the Whole — 

A motion was made by Mr. Troup to amend the bill by striking 
out all the first section thereof, after the enacting clause, for the 
purpose of inserting the following : 

" That the President of the United States be, and he is hereby, authorized to 
take possession and occupy all or any part of the territory lying east of the 
river Perdido, and south of the State of Georgia and the Mississippi Territory, 
in case arrangement has been or shall be made with the local authority of the 
said Territory, at the desire of the said authority, for delivering up the pos- 
session of the same, or any part thereof, to the United States." 

A division of the question was called for by Mr. Rhea; and the 
question being taken on striking out, it was determined in the nega- 
tive — yeas 54, nays 66. 

* ^ $ % * # * 

Consequently, the said motion was rejected. • ft 

A motion was made by Mr. Bacon, to amend the bill by striking 
out the third section thereof, for the purpose of inserting the fol- 
lowing, : 

"And be it further enacted, That after the possession authorized by this act 
shall have been taken by the President of the United States, the inhabitants 
thereof shall continue under the jurisdiction of the local government heretofore 
established, or which may hereafter be adopted therein, and the civil and mili- 
tary authorities there acting, shall be confirmed and continued in the exercise 
of their respective functions, so far as may be necessary to protect the people 
thereof in the enjoyment of their liberty, property, and religion, until other 
provisions shall be made by Congress therefor." 

A division of the question was called for by Mr. Montgomery ; 
and the question being taken on striking out, it was determined in 

the negative — yeas 59, nays 66. 

******* 

Consequently, the said motion was lost. 

A motion was made by Mr. Troup to amend the bill, by striking out 
after the word " States," in the seventh line of the first section, the 
following words : " Or in the event of an attempt to occupy the said 
territory, or any part thereof, by any foreign Government; and he 
may, for the purpose of taking possession and occupying the terri- 
tory aforesaid, and in order to maintain therein the authority of 
the United States, employ any part of the Army and Navy of the 
United States, which he may deem necessary ; " for the purpose of 
inserting the following: 

" Or in the event of an attempted occupation of the said territory by any 
foreign Power other than Spain, the President of the United States may, for 



26 

the purpose, and sole purpose, of repelling such occupation, employ any part of 
the Army and Navy of the United States, which he may deem necessary, causing 
no molestation or injury of any kind to the inhabitants of the said territory, 
save what may be absolutely necessary to the repulsion of such occupation." 

And the question being taken thereon, it was determined in the 
negative — yeas 54, nays 68. 

* * * » * * * * 

A motion was made by Mr. Milnor to amend the bill by striking 
out the following words in the seventh line thereof, to wit: " Or, in 
the event of an attempt to occupy the said territory, or any part 
thereof, by any foreign Government : " 

And, debate arising thereon, an adjournment was called for, and 
carried. 



Saturday, January 12. 

A motion was made by Mr. Sheffey that the House do come to 
the following resolution : 

"Resolved, That the further proceedings on the bill from the Senate, en- 
titled 'An act to enable the President of the United States, under certain con- 
tingencies, to take possession of the territory east of the river Perdido, and 
south of the State of Georgia and the Mississippi Territory, and for other pur- 
poses,' be had with open doors, and that the injunction of secrecy be taken off 
in relation thereto." 

On which a question was made, whether the said motion was in 
order; during a debate on the question of order, twelve o'clock ar- 
rived, when the order of the day on the unfinished business was called 
for; and the Speaker decided that, as twelve o'clock had arrived, 
and the order of the day had been called for, the call for the order 
of the day had the preference, and superseded the motion of the 
member from Virginia, (Mr. Sheffey;) from which decision an 
appeal was taken ; and, on the question, " Is the decision of the Chair 
correct? " it was resolved in the affirmative — yeas 58, nays 51. 
******* 

The question then recurred on the motion of Mr. Milnor, which 
was pending and undetermined at the time of adjournment, to amend 
the bill by striking out the following words in the seventh line of 
the first section thereof, to wit : " or, in the event of an attempt to 
occupy the said territory, or any part thereof, by any foreign Gov- 
ernment :" And, the question being taken thereon, it was determined 
in the negative — yeas 52, nays 66. 

A motion was made by Mr. Sturges to amend the bill by striking 
out the word "or," for the purpose of inserting the word and in the 
seventh line and first section of the aforesaid bill; and, the question 



27 

being taken thereon, it was determined in the negative — yeas 46, 
nays 78. 

******* 

A motion was made by Mr. Sheffey to amend the bill by adding a 
new section thereto, in the words following, to wit : 

"And be it further enacted, That the President of the United States be, and 
he is hereby, authorized to restore the possession which may be acquired by 
virtue of this act, of the said territory, to the Spanish Government, in conse- 
quence of arrangements to be made between him and that Government, when- 
ever it shall appear to him that the occupancy thereof, by any other foreign 
Power, is no longer to be apprehended, and the Spanish authority therein shall 
be sufficient to maintain internal peace and tranquillity: Provided, That the 
power hereby granted shall not be construed to authorize the President to re- 
store such possession in the event of the present existing authority in Spain 
being subverted, and the Government of that country, assumed and exercised 
by any other foreign Prince or State ; or, in the event of the Spanish American 
Colonies becoming independent of the parent State, or subjected to the dominion 
of any other foreign Power." 

And the question being taken thereon, it was determined ^n the 
negative — yeas 59, nays 61. 

******* 

A motion was made by Mr. Hubbard to amend the bill in the first 
section and seventh line, after the word Government, by inserting 
the following words : " other than that of Spain." 

And the question being taken thereon, it was determined in the 
negative — yeas 47, nays 78. 

A confidential message was received from the Senate, by Mr. Clay 
and Mr. Pickering, their committee, as follows: 

Mr. Speaker: We are instructed by the Senate to inform the House 
of Representatives, that the Senate have had under consideration a 
resolution of this House, of the eighth instant, confidentially com- 
municated to the Senate, by their committee, and have agreed to the 
same with an amendment ; in which amendment they are instructed to 
ask the concurrence of this House. 

A motion was made by Mr. Pitkin to amend the bill, by adding 
the following words to the end of the first section thereof : 

" It is, however, understood, and hereby is declared, that the territory which 
may be occupied by virtue of this act, is hereafter to be restored to the lawful 
Government of Spain, administered by the representatives of the people and 
the Executive authority of that country, according to the ancient forms of their 
constitution ; or, in the event of that Government being extinguished, then said 
territory, at the request of the inhabitants thereof, is to be i-estored to the 
authorities constituted by such Government as shall be established in the 
Spanish dominions in America, by and with the consent of the people of said 
Spanish dominions, whenever apprehensions of its being occupied by any foreign 



28 

Government shall cease ; and it shall be the duty of the President of the 
United States, whenever said territory shall be restored, to make the necessary 
arrangements for that purpose : " 

And the question being taken thereon, it was determined in the 
negative — yeas 41, nays 76. 

* * * . * * * * 

A motion was made by Mr. Stanford, to amend the bill by adding 
the following to the end of the last section thereof : 

" And be it further enacted, That the powers, by the several sections of this 
act vested in the President of the United States, shall cease at the expiration 
of the session of Congress next ensuing the present, unless they shall be by 
some future law continued in force for a longer time." 

And the question being taken thereon, it was determined in the 

negative — yeas 41, nays 75. 

******* 

On the question, " Shall the bill have a third reading?" 
A motion was made by Mr. Stueges, that the House do now ad- 
journ; and the question being taken thereon, it was determined in 

the negative — yeas 29, nays 78. 

* * * * * * * 

The question recurring on the third reading of the bill, a motion 

was made by Mr. Bigelow, that the House do now adjourn : 

And the question being taken thereon, it was determined in the 

negative — yeas 37, nays 76. 

******* 

And on the question, " Shall the bill have a third reading?" it was 

resolved in the affirmative — yeas 77, nays 45. 

******* 

A motion by Mr. Quincy that the third reading of the bill be the 
order of the day for Monday next; and the question being taken 

thereon, it was determined in the negative — yeas 42, nays 75. 

******* 

A motion was then made by Mr. Quincy, that the doors be now 
opened, and that the injunction of secrecy imposed on the proceed- 
ings which have been transacted with closed doors during the present 
session, be removed; and the question being taken thereon, it was 

determined in the negative — yeas 44, nays 79. 

******* 

A motion was made by Mr. Gholson that the third reading of the 
bill be the order for this day ; and the question being taken thereon, 
it was resolved in the affirmative. 

The bill was accordingly read a third time; and, on the question 
that the jsame do pass, it was resolved in the affirmative — yeas 76, 
nays 44. 



29 

A motion was made by Mr. Montgomery that the House do now 
proceed to the consideration of the amendment of the Senate made 
to the confidential resolution of the eighth instant; and, the ques- 
tion being taken thereon, it was resolved in the affirmative — yeas 77, 

nays 33. 

* * * * * * * 

A motion was then made by Mr. Milnor that the House do now 
adjourn: and the question being taken, it was determined in the 
negative. 

The House then resumed the consideration of the amendment of 
the Senate to the aforesaid resolution. 

A motion was made by Mr. Montgomery that the House do concur 
in the amendment of the Senate to the said resolution. 

A motion was made by Mr. Goldsborough that the amendment 
aforesaid be referred to a Committee of the Whole House; and the 
question being taken, it was determined in the negative — yeas 30, 

nays 78. 

******* 

v 

A motion was made by Mr. Moseley that the House do now ad- 
journ, and the question being taken, it was determined in the nega- 
tive. 

The question again recurred on the concurrence of this House in 
the amendment of the Senate ; and the question being taken thereon, 
it was resolved in the affirmative — yeas 78, nays 21. 

?fc # ^ ifc ^: sj: # 

A motion was made by Mr. Montgomery that a committee be ap- 
pointed to wait on the Senate, and inform them that the House of 
Representatives have passed the bill from the Senate, entitled, " An 
act to enable the President of the United States, under certain con- 
tingencies, to take possession of the country lying east of the river 
Perdido, and south of the State of Georgia and the Mississippi Ter- 
ritory, and for other purposes;" and, also, have concurred in the 
amendment of the Senate made to the confidential resolution of the 
eighth instant; and a committee was appointed, consisting of Mr. 
Montgomery and Mr. Miller. 



Monday, January 14. 

The House being cleared of all persons, except the members and 
the Clerk, Mr. Garland, from the Joint Committee for Enrolled 
Bills, reported that the committee had examined an enrolled bill, 
entitled "An act to enable the President of the United States, under 
certain contingencies, to take possession of the country lying east of 
the river Perdido, and south of the State of Georgia and the Mis- 



30 

sissippi Territory, and for other purposes; " and that they had also 
examined an enrolled resolve which passed both Houses of Congress 
on the twelfth instant ; and had found the same to be truly enrolled : 
Whereupon, Mr. Speaker signed the said enrolled bill and resolve. 

Ordered, That Mr. Montgomery and Mr. Miller be appointed a 
committee to acquaint the Senate therewith. 



Thursday, January 17. 

The House being cleared of all persons, except the members and 
Clerk, Mr. Anderson, from the Joint Committee for Enrolled Bills, 
reported that the committee did, on the fifteenth instant, present to 
the President of the United States, for his approbation, an enrolled 
bill, entitled "An act to enable the President of the United States, 
under certain contingencies, to take possession of the country lying 
east of the river Perdido, and south of the State of Georgia and the 
Mississippi Territory, and for other purposes ; " and an enrolled 
resolve passed on the twelfth instant. 

A Message was received from the President of the United States, 
notifying that the President did, this day, approve and sign the 
abovementioned enrolled resolve. 



Friday, January 18. 

The House being cleared of all persons but the members and the 
Clerk, the following resolution was submitted by Mr. Sheffey, for 
consideration : 

" Resolved, That the injunction of secrecy imposed on the proceedings which 
have been transacted with closed doors, during the present session, be removed, 
and that the secret journal of such proceedings be published : " 

And on the question, Will the House now consider the said resolu- 
tion ? it was determined in the negative — yeas 45, nays 73. 

* ****** 

On motion of Mr. Montgomery, 

Resolved, That a committee be appointed to inform the Senate that 
the President of the United States did, yesterday, approve and sign 
an enrolled resolve, which originated in this House. 

Ordered, That Mr. Montgomery and Mr. Gray be appointed the 
said committee. 



Saturday, January 19. 

The House being cleared of all persons, but the members and 
Clerk, Mr. Montgomery, from the committee appointed, yesterday, 



31 

to inform the Senate that the President of the United States did, on 
the seventeenth instant, approve and sign an enrolled resolve, which 
originated in this House, reported that the committee had performed 
that duty. 

A message from the Senate, by Mr. Otis, their Secretary : 
Mr. Speaker: I am directed to inform this House that the Presi- 
dent of the United States did, on the seventeenth instant, approve 
and sign an enrolled bill, entitled "An act to enable the President of 
the United States, under certain contingencies, to take possession of 
the country lying east of the Perdido, and south of the State of 
Georgia and the Mississippi Territory, and for other purposes." 

Sunday, March 3. 

The House being cleared of all persons, but the members and the 
Clerk, a message was received from the Senate, by Mr. Turner, and 
Mr. Smith, of Maryland, two members of that body, notifying the 
House that the Senate had this day passed a resolution in tha form 
of a joint resolution of the two Houses of Congress, in the words fol- 
lowing, to wit : 

" Resolved, by the Senate and House of Representatives of the United States 
of America, in Congress assembled, That the act passed during the present ses- 
sion of Congress, entitled 'An act to enable the President of the United States, 
under certain contingencies, to take possession of the country lying east of the 
river Perdido, and south of the State of Georgia and the Mississippi Territory, 
and for other purposes,' and the declaration accompanying the same, be not 
printed or published unless directed by the President of the United States, any 
law or usage to the contrary notwithstanding : " 

To which they desire the concurrence of this House. 

The said resolution was read the first and second time. 

A motion was made by Mr. Quincy, that the said resolution be 
committed to a Committee of the whole House ; and the question be- 
ing taken thereon, it was determined in the negative. 

A motion was made by Mr. Bibb, to amend the said resolution by 
striking out the first word, " resolved," and insert, in lieu thereof, the 
words " be it enacted : " and the question being taken thereon, it was 
resolved in the affirmative. 

Another motion was mr.de by Mr. Bibb, further to amend the said 
resolution, by inserting, after the word "that," in the third line, the 
words " this act and ; " and the question being taken thereon, it was 
resolved in the affirmative. 

A motion was made by Mr. Johnson, further to amend the said 
resolution, by inserting, after the word " published," in the tenth line, 
the following : " until the end of the next session of Congress ; " and 
the question thereon being taken by yeas and nays, and a quorum, 



32 

consisting of a majority of the whole House, not being present, the 
question was not determined. 

The yeas and nays, as demanded by one-fifth of the members pres- 
ent, are as follows: 

******* 

The question was again taken by yeas and nays, and resolved in 
the affirmative — yeas 48, nays 34. 

* $ :je $ ' $ - $ $ 

And the question being taken on the resolution as amended, it was 
resolved in the affirmative — yeas 52, nays 34. 

Ordered, That Mr. Montgomery and Mr. T. Moore be appointed a 
committee to wait on the Senate, and inform them of the agreement 
of this House to their resolution, with amendments ; in which amend- 
ment they desire the concurrence of the Senate. 

A motion was made by Mr. Sheffey, that the House do come to the 
following resolution: 

Resolved, That the injunction of secrecy, in relation to the proceedings had 
with closed doors, during the present session, be removed, and that the secret 
Journal be published : 

And on the question that the House do agree to the said resolution, 
it was determined in the negative — yeas 40, nays 51. 

******* 

A motion was made by Mr. Sheffey that the House do come to the 
following resolution: 

Resolved, That the Journal of the proceedings of this House on the resolution 
offered this day, to remove the injunction of secrecy in relation to the proceed- 
ings had with closed doors, during the present session, be published. 

And on the question that the House do now proceed to the consid- 
eration of the said resolution, it was determined in the negative. 

The doors were then opened ; and, after some time, closed again. 

A confidential message was received from the Senate, by Mr. 
Worthington and Mr. Bayard, two members of that body, notifying 
that the Senate had concurred in the amendments of the House of 
Representatives to their confidential resolution of this day. v 

Mr. Garland, from the Joint Committee for Enrolled Bills, re- 
ported that they had examined an enrolled bill, entitled "An act con- 
cerning 'An act to enable the President of the United States, under 
certain contingencies, to take possession of the country lying east of 
the river Perdido, and south of the State of Georgia and the Mis- 
sissippi Territory, and for other purposes; " and the declaration ac- 
companying the same, and had found the same to be truly enrolled : 
Whereupon, Mr. Speaker signed the said bill and the declaration ac- 
companying the same. 



33 

Ordered, That Mr. Montgomery and Mr. Garland be appointed a 
committee to acquaint the Senate therewith. 

A message was received from the Senate, by Mr. Cutts and Mr. 
Campbell, two members of that body, notifying the House that the 
President of the United States had approved and signed a con- 
fidential bill, passed this day. entitled "An act concerning 'An act 
to enable the President of the United States, under certain contin- 
gencies, to take possession of the country lying East of the river 
Perdido, and south of the State of Georgia and the Mississippi Terri- 
tory, and for other purposes," and the declaration accompanying the 
same. 

Ordered. That the doors be now opened. 



CONFIDENTIAL PROCEEDINGS OF THE SENATE 

AT THE SECOND SESSION OF THE TWELFTH CONGRESS 

V 
[Annals of Congress, vol. 25, pp. 124-134.] 



Saturday, July 31, 1813. 



On motion, by Mr. Anderson, 

Ordered, That the confidential proceedings of the Senate at their 
last session, in relation to East Florida, be made public. 



Thursday, December 10, 1812. 

Mr. Anderson submitted the following motion for consideration, 
which was read : 

Resolved, That a committee be appointed to consider whether it be expedient 
to authorize the President of the United States to occupy and hold the whole 
or any part of East Florida, including Amelia Island, and also those parts of 
West Florida which are not now in the possession and under the jurisdiction of 
the United States, with leave to report by bill or otherwise. 



Tuesday, December 15. 

The Senate proceeded to consider the motion submitted the 10th 
instant, respecting the Floridas; and, after debate, the further con- 
sideration thereof was postponed to Monday next. 
85080—18 3 



34 
Wednesday, December 16. 

Mr. Leib submitted the following motion for consideration : 
Resolved, That the President of the United States be requested to cause to 
be laid before the Senate any information which he may have of the intention 
of the enemy to take possession of East Florida, and of the disposition of the 
people of that Territory to be received under the protection of the Government 
of the United States ; the amount of the American force in that neighborhood, 
and under the command of General Wilkinson; and the quantum of Spanish 
or other force in St. Augustine, Pensacola, and Mobile. 



Friday, December 18. 

The Senate proceeded to consider the motion submitted the 16th 
instant, calling upon the President of the United States for informa- 
tion respecting East Florida; and, on motion by Mr. Goodrich, to 
amend the motion, so- as to read as follows : 

Resolved, That the President of the United States be requested to cause to be 
laid before the Senate any information which he may have of the intention of 
die enemy to take possession of East Florida, and of the disposition of the 
people of that Territory to be received under the protection of the Government 
of the United States ; the amount of the American force in that neighborhood, 
and under the command of General Wilkinson ; and the quantum of the Spanish 
or other force in St. Augustine, Pensacola, and Mobile ; and respecting any 
negotiation that may have been had for the settlement of differences and claims 
existing between the United States and Spain, not heretofore laid before the 
Senate ; respecting any proposal or negotiation that may have been made, or 
had, by or with any person or persons exercising the powers of the Government 
of Spain, or claiming to exercise the powers _of said Government, or with their 
respective agents, for the cession of East Florida to the United States ; respect- 
ing any proposal to or from the local authorities of East Florida, (not hereto- 
fore communicated,) for the cession, surrender, or occupancy thereof, to or by 
the United States; and also, any information respecting the relations of the 
United States with Spain or said Territory of East Florida, which the Presi- 
dent may deem proper to communicate. 

On motion, by Mr. Anderson, the further consideration of the 
motion for amendment was postponed to Monday next. 



Tuesday, December 22. 



The Senate resumed the motion made the 10th instant to appoint 
a committee to inquire into the expediency of taking possession of 
East Florida; and, on motion by Mr. Smith, of Maryland, to post- 
pone the further consideration thereof to Monday next, it was de- 
termined in the negative — yeas 15, nays 15. 

* * * * * * * 

On motion, by Mr. Leib, to strike out the words " with leave to re- 
port by bill or otherwise," it was determined in the negative. 



35 

On the question to agree to the original motion, it was determined 

in the affirmative — yeas 18, nays 12. 

* * * * * * * 

Ordered, That Messrs. Anderson, Goodrich, Smith, of Maryland, 
Tait, and Varnum, be the committee. 

The Senate resumed the consideration of the motion made the 
16th instant, calling upon the President of the United States for 
information respecting East Florida, together with the amendment 
proposed thereto on the 18th instant; and, having agreed to the 
amendment, 

Resolved, That the motion be agreed to as amended. 

Ordered, That the Secretary lay this resolution before the Presi- 
dent of the United States. 



Thursday, January 14, 1813. 

The following confidential Message was received from the Presi- 
dent of the United States : 

To the Senate of the United States: 

I transmit to the Senate a report of the Secretary of State, complying with 
their resolution of the 22d December. 

James Madison. 

January 14, 1813. 

The Message and report were read. And on motion, by Mr. Leib, 
that they be printed confidentially for the use of the Senate, it was 
agreed that the motion be postponed until to-morrow. 



Friday, January 15. 

The Senate resumed the consideration of the motion made yester- 
day, "that the Message and report respecting East Florida be 
printed confidentially for the use of the Senate, with the exception 
of the return of the number' of troops and their respective stations, 
on the Southern and Western frontier ; " and, on the question to 
agree thereto, it was determined in the negative — yeas 13, nays 18. 

On motion, by Mr. Anderson, 

Ordered, That the Message, and documents therein referred to, be 
referred to the committee appointed the 22d December on the same 
subject, to consider the report thereon. 

Mr. Bradley submitted the following motion for consideration : 

Resolved, That the President of the United States be requested to cause to 
be laid before the Senate all letters and communications that have passed 
between the Government of the United States and that of Spain, or the Minis- 



36 

ters thereof, since the 9th day of January, 1804, on the subject of indemnities 
for spoliations committed on our commerce by her subjects before that time; 
and also, in relation to French seizures and condemnation of our vessels in thy 
ports of Spain, during the late war with France ; together with such communica- 
tions between this and the French Government as relate to the same subjects ; 
with such instructions as have been given to the Ministers of the United States 
in relation to the same. And any propositions or negotiations that have been 
had or made with France or Spain, for ceding East Florida to the United States. 
previous to the 15th day of January, 1811, not heretofore communicated. 

SaturDx\t, January 16. 

The Senate proceeded to consider the motion submitted yesterday 
by Mr. Bradley ; and, on motion, by Mr. Campbell, of Ohio, the far- 
ther consideration thereof was postponed until Monday next. 



Monday, January 18. 

The motion submitted by Mr. Bradley on the 15th instant was re- 
sumed and agreed to without amendment. 

Ordered, That the Secretary lay the said resolution before the 
President of the United States. 



Tuesday, January 19. 

Mr. Anderson, from the committee appointed the 22d December 
on the subject, reported the following bill : ■ 

A bill authorizing the President of the United States to take possession of a tract of 
country lying south of the Mississippi Territory and of the State of Georgia, and for 
other purposes. 

Be it enacted by the Senate and House of Representatives of the United States 
of America in Congress assembled, That the President be, and he is hereby, 
authorized to occupy and hold all that tract of country called "West Florida, 
which lies west of the river Perdido, not now in possession of the United 
States. 

Sec. 2. And be it further enacted, That the President be, and he is hereby, 
authorized to occupy and hold all that part of West Florida east of the Per- 
dido, and the whole or any part of East Florida, including Amelia Island. 

Sec. 3. And. be it further enacted, That, for the purpose of occupying and 
holding the country aforesaid, and of affording protection to the inhabitants 
thereof, under the authority of the United States, the President may employ 
such parts of the military and naval force of the United States as he may 
deem necessary. 

Sec. 4. And be it further enacted, That, for defraying the necessary ex- 
penses, ■ dollars are hereby appropriated, to be paid out of any moneys 

in the Treasury, not otherwise appropriated, and to be applied for the purposes 
aforesaid, under the direction of the President. 



37 

Sec. 5. And be it further enacted, That, until further provision shall be made 
by Congress, the President shall be, and hereby is, empowered to establish 
within the country he may acquire by this act a temporary Government, the 
civil and military authorities of which shall be vested in such person or persons 
as he may appoint, and be exercised in such manner as he may direct: Pro- 
vided, That he shall take due care for the preservation of social order, and for 
securing to the inhabitants the enjoyment of their personal rights, their reli- 
gion, and their property : And provided, also, That the section of country herein 
designated, that is situated to the eastward of the river Perdido, may be the 
subject of future negotiation. 

The bill was read; and passed to the second reading. 



Friday, January 22. 

The bill authorizing the President of the United States to take 
possession of a tract of country lying south of the Mississippi Terri- 
tory and of the State of Georgia, and for other purposes, was read 
the second time. v 

Mr. Leib submitted the following motion for consideration : 

Resolved, That the documents which accompanied the President's Message 
of the 14th instant, be confidentially printed for the use of the Senate, except- 
ing those papers which relate to the stations and the amount of the military 
force of the United States, and the letter of General Pinckney of the 27th 
December. 

On motion, by Mr. Leib, that the bill be now taken up and consid- 
ered, it was determined in the negative. 



Monday, January 25. 

On motion, by Mr. Anderson, that the bill authorizing the Presi- 
dent of the United States to take possession of a tract of country 
lying south of the Mississippi Territory and of the State of Georgia, 
and for other purposes, be now considered, it was determined in the 
negative. 

The Senate proceeded to consider the motion submitted on the 22d 
instant, by Mr. Leib ; and, on motion, by Mr. Bayard, that the fur- 
ther consideration thereof be postponed until to-morrow, it was de- 
termined in the negative. 

On the question to agree to the resolution, on motion, by Mr. 
Reed, it was agreed that it be taken by yeas and nays ; and, on mo- 
tion, by Mr. Bayard, the Senate adjourned. 



Tuesday, January 26. 

On motion, by Mr. Anderson, the Senate resumed, as in Commit- 
tee of the Whole, the consideration of the bill authorizing the Presi- 



38 

dent of the United States to take possession of a tract of country 
lying south of the Mississippi Territory, and of the State of Georgia, 
and for other purposes; and, on motion, by Mr. Leib, that the fur- 
ther consideration of the bill be postponed in order to consider his 
motion, to have printed certain documents referred to in the Mes- 
sage of the President of the United States of the 14th instant, it was 
determined in the negative. 

Mr. Gaillard was requested to take the Chair ; and the considera- 
tion of the bill was recurred to. 

A motion was made by Mr. Smith, of Maryland, to strike out the 
second section of the bill ; and, on his motion, it was agreed to take 
the question by yeas and nays. 

On motion, by Mr. Bradley, the further consideration of the bill 
was postponed to, and made the order of the day for, to-morrow. 

Mr. Tait presented the memorial of the Legislature of the State of 
Georgia, recommending to, and soliciting, Congress to authorize the 
President of the United States to take immediate possession of the 
province of East Florida, and that portion of West Florida pur- 
chased from France, but still retained by Spain; for reasons stated 
at large in the memorial ; which was read. 

On motion, by Mr. Leib, the Senate resumed his motion, submitted 
the 22d instant, that the documents referred to in the Message of the 
President of the United States of the 14th instant, be printed; and 
the motion was amended. 

Besolved, That the documents which accompanied the President's 
Message, of the 14th instant, be confidentially printed for the use of 
the members of the Senate, excepting those papers which relate to 
the stations and amount of the military force of the United States, 
the report of the Secretary of State, and the letters of General 
Pinckney. 

On the question, to agree to the motion as amended, it was deter- 
mined in the affirmative — yeas 18, nays 12. 

******* 

The following confidential Message was received from the Presi- 
dent of the United States: 

To the Senate of the United States: 

I transmit to the Senate a report of the Secretary of State, complying with 
their resolution of the 8th inst. 

James Madison. 

January 26, 1813. 

The Message and report were read ; and then the Senate adjourned. 



39 
Wednesday, January 27. 

The following confidential Message was received from the Presi- 
dent of the United States : 

To the Senate of the United States: 

I transmit to the Senate a report of the Secretary of War, complying with 
their resolution of the 7th inst. 

James Madison. 

Januaby 27, 1813. 

The Message and report were read. 

Mr. Horsey submitted the following motion for consideration, 
which was read : 

Resolved, That the injunction of secrecy in relation to the President's Mes- 
sage, of the 26th instant, communicating certain papers, marked A and B, in 
compliance with the resolution of the Senate of the 18th instant, be. and the 
same is herehv. removed. 



Thursday, January 28. 

The Senate resumed, as in Committee of the Whole, the considera- 
tion of the bill authorizing the President of the United States to 
take possession of a tract of country lying south of the Mississippi 
Territory and the State of Georgia, and for other purposes; and on 
motion, by Mr. Anderson, the further consideration thereof was 
postponed to, and made the order of the day for, to-morrow. 

The Senate proceeded to consider the moti'on submitted yesterday, 
by Mr. Horsey, to remove the injunction of secrecy from certain 
papers ; and, on motion, the further consideration thereof was post- 
poned until to-morrow. 



Friday, January 29. 

The Senate resumed, as in Committee of the Whole, the considera- 
tion of the bill authorizing the President of the United States to 
take possession of a tract of country lying south of the Mississippi 
Territory and of the State of Georgia, and for other purposes; and, 
Mr. Gaillard was requested to take the Chair; and the motion to 
strike out the second section of the bill was resumed: and. after 
debate, adjourned. 

Monday, February 1. 

The Senate resumed, as in Committee of the Whole, the consid- 
eration of the bill authorizing the President of the United States to 
take possession of a tract of country lying south of the Mississippi 



40 

Territory and of the State of Georgia, and for other purposes, to- 
gether with the motion to strike out the second section thereof ; and 
Mr. Gaillard was requested to take the Chair; and, after debate, 
the consideration thereof was further postponed until to-morrow. 



Tuesday, February 2. 

The Senate resumed, as in Committee of the Whole, the considera- 
tion of the bill authorizing the President of the United States to 
take possession of a tract of country lying south of the Mississippi 
Territor}- and of the State of Georgia, and for other purposes, 
together with the motion to strike out the second section thereof; 
and Mr. Gaillard was requested to take the Chair : 

On the question, to strike out the second section, as follows : 

" Sec. 2. And be it further enacted, That the President be. and he is hereby, 
authorized to occupy and hold all that part of West Florida east of the Perdido, 
and the whole or any part of East Florida, including Amelia Island :" 

It was determined in the affirmative — yeas 19, nays 16. 

* * * * * * * 

A motion was made, by Mr. Smith, of Maryland, to strike out the 
fifth section of the bill: and, on motion, the Senate adjourned. 



Wednesday, February 3. 

On motion, by Mr. Anderson, the Senate resumed, as in Commit- 
tee of the Whole, the consideration of the bill authorizing the Presi- 
dent of the United States to take possession of a tract of country 
lying south of the Mississippi Territory and of the State of Georgia, 
and for other purposes; together with the motion to strike out the 
fifth section; and Mr. Gaillard was requested to take the Chair. 

Whereupon, Mr. Smith, of Maryland, withdrew his motion to 
strike out the fifth section of the bill. 

A motion was made, by Mr. Campbell, of Ohio, to insert, in lieu 
of the second section stricken out, the following : 

" And be it further enacted, That, if hostilities shall be committed by the 
Spanish nation, its colonies, or dependencies, against the United States, or if 
it shall be ascertained, to the satisfaction of the President of the United States, 
that the safety and security of the United States, or any part thereof, are in 
imminent danger from the Spanish authorities in East Florida, and in that 
part of West Florida lying east of the river Perdido, the President of the United 
States is hereby authorized to occupy the said provinces, or any part thereof, 
including Amelia Island." 

Whereupon, a motion was made, by Mr. Bradley, to amend the 
proposed section, by inserting after the word " that," in the first 



41 

line, the following words : " upon the troops of the United States 
being withdrawn from the province of East Florida." 

And a motion was made, by Mr. Pope, that the further considera- 
tion of the bill be postponed to the first Monday in June next : and it 
wns determined in the negative — yeas 16, nays 17. 

# * * * * * * 

On the question, to agree to the motion for amendment to the 
amendment, it was determined in the negative — the Senate being 
equally divided, yeas 17, nays 17. 

# * * * v * * * 

On the question, to agree to the motion for amending the second 
section, it was determined in the negative — yeas 14, nays 20. 

# * * * * * * , 

On motion, it was agreed to strike out the fifth section of the bill. 
On the question, Shall the bill be engrossed and read a third time 
as amended ? it was determined in the negative. 



Friday, February 5. 

The bill authorizing the President of the United States to take 
possession of a tract of country lying south of the Mississippi Terri- 
tory and of the State of Georgia, and for other purposes, was re- 
ported by the committee correctly engrossed ; and the bill was read 
the third time. 

On motion, by Mr. Anderson, it was agreed to fill the blank with 

the words " twenty thousand." 

On the question, Shall this bill pass? it was determined in the af- 
firmative — yeas 22, nays 11. 

* * * * * * * 

So it was Resolved, That the bill do pass ; and, on motion, it was 
agreed that the title thereof be " An act authorizing the President of 
the United States to take possession of a tract of country lying south 
of the Mississippi Territory and west of the river Perdido." 

On motion, by Mr. Anderson, 

Resolved, That a committee be appointed, to consist of two mem- 
bers, to carry the said bill to the House of Eepresentatives and ask 
their concurrence therein. 

Ordered, That Messrs. Anderson and Bradley be the committee. 

The Senate resumed the consideration of the motion submitted 
the 27th of January, to print certain documents : and. after debate, 
on motion, the Senate adjourned. 



42 
Monday, February 8. 

On motion, Ordered, That Mr. Dana be of the committee ap- 
pointed the 5th instant, to carry a confidential bill to the House of 
Representatives, in place of Mr. Bradley, absent. 



Tuesday, February 9. 

The following confidential message was received from the House 
of Representatives, by Messrs. Troup and Robertson, two of their 
members; Mr. Troup, chairman: 

Mr: President: The House of Representatives have passed the 
bill sent from the Senate, entitled "An act authorizing the Presi- 
dent of the United States to take possession of a tract of country 
lying south of the Mississippi Territory and west of the river Per- 
dido." 

And the Senate then adjourned. 



Thursday, February 11. 

Mr. Campbell, of Ohio, from the committee, reported the bill, 
entitled "An act authorizing the President of the United States 
to take possession of a tract of country lying south of the Missis- 
sippi Territory and west of the river Perdido," duly enrolled. 

The following message was received from the House of Repre- 
sentatives, by Messrs. Crawford and Goodwin, two of their mem- 
bers; Mr. Crawford, chairman: 

Mr. President: The Speaker of the House of Representatives hav- 
ing signed an enrolled bill, we are directed to bring it to the Senate 
for the signature of their President. 

The President signed the enrolled bill last reported tb have been 
examined, and it was delivered to the committee, to be laid before 
the President of the United States. 



Saturday, February 13. 

Mr. Campbell, of Ohio, from the committee, reported that they 
yesterday laid before the President of the United States the en- 
rolled bill, entitled, "An act authorizing the President of the 
United States to take possession of a tract of country lying south 
of the Mississippi Territory and west of the river Perdido." 



43 

The following Message was received from the President or the 
United States: 

Mr. President: The President of the United States did, on the 
12th instant, approve and sign " An act authorizing the President 
of the United States to take possession of a tract of country lying 
south of the Mississippi Territory and west of the river Perdido." 

Ordered, That the Secretary communicate this information to the 
House of Kepresentatives. 

On motion, the Senate adjourned. 



Tuesday, February 16. 

The Senate resumed the consideration of the motion submitted 
by Mr. Horsey on the 27th of January, to remove the injunction 
of secrecy from certain papers; and, on motion, it was agreed to 
amend the same to read as follows : | 

Resolved, That the injunction of secrecy in relation to the paper 
marked A, communicated in the President's Message of the 26th 
instant, be, and the same is hereby, removed. 

On the question, to agree to the motion as amended, the Senate 
being equally divided, it was determined in the negative— yeas 16, 

nays 16. 

****** 

On motion, the Senate adjourned. 

Thursday, February 18. 

The following Message was received from the President of the 
United States: 

To the Senate of the United States: 

I transmit to the Senate a report of the Secretary of State, comply- 
ing with their resolution of the 18th of January, 1813. 

James Madison. 

February 18, 1813. 

The Message and documents therein referred to were read. 



44 

PROCEEDINGS AND DEBATES OP THE HOUSE OF REPRESENTATIVES 
OF THE UNITED STATES. 

AT THE SECOND SESSION OE THE TWELFTH CONGRESS, BEGUN AT THE CITY OF WASH- 
INGTON, MONDAY, NOVEMBER 2, 1812. 

[Extract from pp. 1015, 1016, of Annals of Congress, vol. 25.] 



Monday, February 8 (1813). 
* * * * * * * 

A message from the Senate was announced, of a confidential nature. 
The House was accordingly cleared of all strangers, and remained 
in secret session for two or three hours. When the doors were 
opened, * * *. 

(Extract from p. 1015, op. cit.) 



Wednesday, February 17 (1813). 
******* 

A communication of a confidential nature was announced from the 
Senate : On which, the House was cleared of all persons, except the 
Members and officers of the House, and the doors were closed, and 
after remaining so for some time, they were again opened; and the 
House adjourned. 

(Extract from p. 1079, op. cit.) 

O 



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